LEGAL ANALYSIS: What to expect as Ninth Circuit Court of Appeals panel hears Proposition 8 oral arguments (SDGLN)
Are you ready for a gay ol’ time? The holiday season is shaping up to be quite gay, indeed.
Last week, the Pentagon released its long-awaited report detailing how ending the ban on openly gay service would be no big deal. And, at 10 am on Monday, Dec. 6, Ted Olsen, David Boies and their legal team head to the Ninth Circuit Court of Appeals courtroom in San Francisco to argue that marriage equality should return to California.
The first part of the argument will discuss standing -- whether the Proposition 8 proponents even have the right to bring this appeal. The second part of oral argument will touch on the merits of Judge Vaughn Walker's decision that declared Proposition 8 unconstitutional.
The panel, a typical 2-1 liberal-conservative Ninth Circuit divide, has many options open to it. The most likely result is a denial of standing (in which case the Prop. 8 proponents could appeal to the U.S. Supreme Court or just give up, making marriage equality a reality).
Complete article at SDGLN : http://bit.ly/hwYbdQ